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HomeMy WebLinkAbout8.2 Dublin Open Space Initiative fry n f \ 82 STAFF REPORT CITY CLERK CITY COUNCIL File # 630-30 DATE: June 3, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Presentation of Certificate of Sufficiency of Petition for the Dublin Open Space Initiative of 2014" and Consideration of Potential Actions on Initiative Prepared by Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Clerk will present the City Council with Certificate of Sufficiency of Petition for the "Dublin Open Space Initiative of 2014." The City Council will then be asked to exercise its ministerial duty relating to the initiative and take one of three actions: 1) Adopt the proposed initiative ordinance without alteration, or 2) Place a proposed initiative ordinance on the November 4, 2014 ballot, or 3) Order a staff report before making a decision as to whether place the initiative on the ballot or adopt the ordinance. FINANCIAL IMPACT: Potential impacts on the City due to this initiative include the costs associated with the election. The potential future impacts of the actual initiative are unknown. RECOMMENDATION: Consistent with its ministerial duty under the Elections Code, Staff recommends that the City Council take one of three actions: 1) Adopt the proposed initiative ordinance without alteration; OR, 2) Adopt a Resolution Ordering the Submission to the Qualified Electors of the City of Dublin an Ordinance titled the "Dublin Open Space Initiative" at the General Municipal Election to be held on Tuesday November 4, 2014 and Providing for Submission of Ballot Arguments and Rebuttals; OR, 3) Order a report concerning potential fiscal, general plan and zoning, land use, infrastructure, and other impacts of the initiative before taking any other action. k7 _ Nix2/16 Submitted By Reviewed By City Clerk/Records Manager Assistant City Manager Page 1 of 4 ITEM NO. 8.2 DESCRIPTION: On January 24, 2014, a revised proposed ballot initiative was submitted to the City which its proponents titled the Dublin Open Space Initiative of 2014. In accordance with applicable law, the City Attorney provided a ballot title and summary on February 7, 2014, and a notice of intent to circulate voter petitions on the measure for signature was published in the Tri- Valley Herald on February 15, 2014. A copy of the notice of intent is attached hereto as Attachment 1, the text of the initiative is attached hereto as Attachment 2, and the ballot title and summary is attached hereto as Attachment 3. The proponents gathered signatures intending to submit sufficient signatures in time to qualify the measure for the November 4, 2014 general election. Signed petitions supporting the measure were submitted to the City Clerk on April 16, 2014 and forwarded to the County Registrar for inspection and verification. On May 21, 2014, the County Registrar provided a certificate (dated May 20, 2014), stating that based on the number of registered voters in the City, the petition qualified for the ballot. A copy of the Registrar's Certificate to Initiative Petition is attached hereto as Attachment 4. Elections Code section 9114 provides that if it is determined that a petition is sufficient; the Clerk shall certify the results of his examination to the City Council at its next regular meeting. Dublin Open Space Initiative The initiative's stated purpose is to "protect the open spaces and agriculture of Doolan and Collier Canyons and the Dublin Western Extended Planning Area from harmful development." If approved, the initiative would add provisions to the Dublin General Plan that impose requirements in the following two specified areas: 1) the " Doolan- Collier Canyons Area," defined to encompass the area enclosed by the Dublin eastern city limits, the Livermore city boundary, the eastern boundary of Collier Canyon, and the Alameda County — Contra Costa boundary, to the extent that all or part of that area is annexed to Dublin, and, 2) the "Western Extended Planning Area" as defined in the February 2014 Dublin General Plan to the extent that the area is outside the urban limit line and all or part of the area is annexed to Dublin. Within these areas, the initiative would: • Provide that the minimum parcel size shall be 100 acres and require that parcels smaller than 100 acres and contiguous to another subsize parcel of common ownership be treated as a single parcel for development purposes. Prohibit uses other than certain specified uses and the specified uses' normal and appropriate accessory uses and structures. The specified uses include the following: 1. One single family dwelling unit per parcel 2. Farmworker housing 3. Certain low intensity agricultural, governmental, and public utility uses 4. Low - intensity outdoor recreation predominately for active participants (but not including golf courses and motor vehicle tracks, courses, and off -road facilities) 5. A roadway connecting Dublin Boulevard with North Canyons Parkway. Page 2 of 4 • Prohibit development (subject to certain exceptions) where development would: 1. Reduce appreciably the quantity or biological quality of wetlands 2. Impair appreciably the quantity or quality of water or native vegetation in a stream corridor 3. Reduce appreciably the number or prevent the recovery of one or more special status wildlife species 4. Involve buildings or grading on a slope of 20% or more. • Prohibit new habitable dwellings without an assured, adequate, safe, and sustainable water supply. • Require that all buildings on parcels be located within a contiguous, compact area, not exceeding two acres, except in limited circumstances. • Restrict the maximum aggregate floor area for all floors (excluding basement/cellar floors) to 1 % of the parcel's area or 20,000 square feet, whichever is less. • Mandate visual safeguards for new /reconfigured parcels as well as for structures /improvements. In addition, the initiative would repeal the 30 -year limit on the effective period of Measure M, which established an urban limit line along the western city boundaries. City Council Actions Upon Certification Upon certification of the petition, the City Council must take one of following three actions: 1. Adopt the ordinance (the text of the initiative, Attachment 2) without alteration, at the meeting where certification of the petition is presented, or within 10 days after it is presented. 2. Submit the initiative to the voters at the next general election. 3. Refer the initiative measure to any City agency for a report on fiscal matters; general and specific plan consistency; land use issues, including impact on availability and location of housing and the City's ability to meet regional housing needs; the initiative's impact on funding for infrastructure funding and maintenance; its impact on the City's ability to attract and retain businesses; its impact on agricultural lands, open space, traffic and business districts; and "any other matters the council requests to be in the report." If a report is ordered, it must be presented to the City Council no later than 30 days after the county elections official certifies the petition's sufficiency to the City Council. After receiving the report, the City Council's choices are again to adopt the ordinance within 10 days or submit the initiative to the voters. Within the 30 -day time frame allotted, Staff will be unable to produce a comprehensive report on the topics outlined in the Elections Code, but Staff could produce a less- than - comprehensive report on any of the topics listed, including additional topics requested by the City Council. Page 3 of 4 NOTICING REQUIREMENTS /PUBLIC OUTREACH: I101 •[Tits ATTACHMENTS: 1. Notice of Intent to Circulate 2. Text of Initiative 3. Ballot Title and Summary 4. Registrar's Certificate to Initiative Petition 5. Proposed Resolution Ordering the Submission to the Qualified Electors of the City of Dublin an Ordinance titled the "Dublin Open Space Initiative" at the General Municipal Election to be Held on Tuesday November 4, 2014 and Providing for Submission of Ballot Arguments and Rebuttals 6. Exhibit A to Resolution, Measure to be Considered by Voters Page 4 of 4 NOTICE OF INTENTION TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Dublin for the purpose of amending the City of Dublin General Plan to protect the agricultural land and other open spaces of Doolan and Collier Canyons and the Dublin Western Extended Planning Area from harmful development. A Statement of the reasons for the proposed action as contemplated in the petition is as follows; Dublin is one of the fastest growing cities in California. Over 6,000 dwelling units have been built in recent years and many more are under construction or approved for fixture development. As a consequence, much of the natural, open space dualities of the area have been lost, and much of what remains is in jeopardy. This Initiative will complete an urban limit line for the City, protecting the open space lands adjacent to Dublin from urban sprawl. The Initiative will preserve the natural qualities, wildlife, beauty and tranquility of these lairds, provide for outdoor recreation, maintain and encourage agriculture, reduce traffic congestion, limit air pollution and protect public health, avoid costly government expenditures for extension of facilities and services to scattered areas not now served, and in general safeguard the character of Dublin and the quality of life in the City. This initiative will establish long -term protections that can only be changed by a vote of the people of Dublin. DUBLIN OPEN SPACE INITIATIVE OF 2014 The People of the City of Dublin do ordain as follows: Section 1. Purpose This Initiative is to protect the open spaces and agriculture of Doolan and Collier Canyons and the Dublin Western Extended Planning Area from harmful development. The Initiative will: • maintain and encourage agriculture; • preserve the natural qualities, wildlife, beauty and tranquility of open lands bordering Dublin; • provide for outdoor recreation; • prevent urban sprawl by completing an urban limit line for Dublin; • reduce traffic congestion; • limit air pollution and protect public health; • avoid costly government expenditures for extension of facilities and services to scattered development; and • in general safeguard the character of Dublin and the quality of life in the City. Section 2. Findings The people of Dublin do find and declare: (a) Protection of Agriculture and the Natural Environment: The areas protected by this Initiative, Doolan and Collier Canyons and the Dublin Western Extended Planning Area beyond the Urban Limit Line, are undeveloped rural lands adjacent to Dublin. Historically, these lands have been used for agriculture and outdoor recreation. They include rolling, untrammeled hills, stream corridors and scenic views. They provide critical habitat for rare and endangered species. They are a peaceful, beautiful contrast to the extensive urban development in the Dublin area. (b) Dublin Development: There has been a large amount of development in Dublin and its environs. Dublin has been one of the fastest growing cities in California. Its population has more than tripled to almost 50,000, since incorporation in 1982. As a consequence, many of the desirable natural, open space, and historic qualities of the area have been lost; much of what remains is in jeopardy. Further large developments have been proposed for areas protected by this Initiative. (c) Development Costs: Extensive development in the Doolan — Collier Canyons Area and the Western Extended Planning Area would be harmful. It would destroy and impair agriculture, riparian corridors, and scenic vistas. Critical habitat for wildlife would be lost irremediably. Auto - dependent development would make traffic congestion worse. It would exacerbate air pollution, which now frequently violates Federal and State health standards. Sprawling developments would be costly for Dublin taxpayers, to extend public facilities and services to relatively distant areas not now served. (d) Development Controls: Dublin residents voted to protect nature and open space in the West Dublin hills in 2000 by enacting Measure M, which established an urban limit line along the western city limits. This Initiative materially strengthens the protections in Measure M. On the east side of Dublin, the Alameda County East County Area Plan, as amended by Measure D in 2000, now controls development. It imposes a 100 -acre minimum parcel size, bars most non- agricultural uses, and applies strict limits to the mass and visibility of development. The County Plan would no longer safeguard areas, however, if they were annexed to Dublin. This Initiative is designed to cover that contingency. Dublin now has no protective provisions for Doolan and Collier Canyons. (e) Housing: A large amount of land is available within the urban limit lines established by Measure M and by this Initiative to meet the City's housing needs and obligations. Many housing units have recently been completed in the City (6,700), are under construction (550), are approved for construction (1,300), or are under review for future construction (2,300 units). Dublin is providing its fair share of housing. (f) Burden of Proof: For purposes of California Evidence Code Section 669.5(c)(3), this Initiative is designed to protect agricultural use as defined in Government Code Section 51201(b), and open space land as defined in Government Code Section 65560(b). (g) Federal and State Law: This Initiative is subject to Federal and State law. Because that law is not always clear and changes, the Initiative provides explicitly that it does not apply, notwithstanding its literal terms, to the extent that its application would be inconsistent with Federal or State law. This inapplicability is designed to prevent the Initiative from being in conflict with law, or subjecting the City to any liability. Section 3. Name of Initiative This initiative is the Dublin Open Space Initiative of 2014. It is referred to in the text interchangeably as the "Initiative," "measure," or "ordinance." Section 4. Amendment of Dublin General Plan Sections 5 through 22 of this ordinance are added to the Dublin General Plan. They shall be placed in the Plan by City officials as deemed appropriate. These sections shall be distinctly identified in the Plan as enacted by initiative. Section 5. Areas Covered by the Initiative This Initiative applies to: 2 (a) the area enclosed by the Dublin Eastern Urban Limit Line delineated in Section 8, Interstate Highway 580, the Livermore city boundary, the eastern boundary of Collier Canyon, and the Alameda County — Contra Costa County boundary to the extent that all or part of that area is annexed to Dublin. In this measure the area is referred to as the Doolan — Collier Canyons Area. (b) the Dublin Western Extended Planning Area as defined in the Dublin General Plan dated February 2013 to the extent that area is outside the urban limit line and all or part of the area is annexed to Dublin. In this measure the area is referred to as the Western Extended Planning Area. Section 6. Compliance with Law, Protection of Legal Rights - Notwithstanding their literal terms, the provisions of this ordinance do not apply to the extent that courts determine that their application would deprive a person of rights or privileges under the United States or State constitutions or laws or otherwise would be contrary to a constitution or law. These explicit limitations on applicability of the provisions are to make certain that they do not infringe any person's legal rights or privileges or violate the law in any respect, or subject the City to any legal liability. Section 7. State Housing Requirements Nothing in this ordinance, including in this section, shall be applied to prevent City compliance with City housing obligations mandated by State law. To the maximum extent practicable the City shall meet State requirements outside the Doolan — Collier Canyons and Western Extended Planning Areas. If State required housing is located in those areas, no more land shall be used than is necessary to meet State requirements. Minimum parcel size, residential dwelling limits and maximum development envelopes and floor areas in this ordinance shall not apply to the required housing in order to minimize land used. Section 8. Dublin Eastern Urban Limit Line The Dublin Eastern Urban Limit Line shall be the Dublin eastern city limits on January 1, 2014, from the Alameda County — Contra Costa County boundary to Interstate Highway 580. Section 9. Minimum Parcel Sizes The minimum parcel size shall be at least 100 acres. Section 10, Subsize Parcels If a parcel smaller than 100 acres (hereafter, a "subsize" parcel) is contiguous to another subsize parcel, which is legally or de facto in common ownership at the time this ordinance becomes effective or any time thereafter, the parcels shall be treated as a single parcel for purposes of development under this ordinance. If a subsize parcel is connected to another subsize parcel or parcels by an intervening subsize parcel or parcels, then all of the subsize parcels which are in legal or de facto common ownership at the time this ordinance becomes effective or any time thereafter shall be treated as one parcel for purposes of development. In none of the foregoing cases are any of the subsize parcels legally merged. Section 11. Certificates of Compliance The City shall not grant unconditional or conditional certificates of compliance except as mandated by State law. All relevant permissible restrictive conditions shall be imposed on these certificates; the owner or subsequent transferees shall be held to strict compliance with these conditions. A certificate of compliance creates no right to develop, nor diminishes in any respect the City's authority to control development. Section 12. Permissible Uses The following uses only, and their normal and appropriate accessory uses and structures, may be permitted, provided that these uses and structures comply with all of the provisions of this Plan and City ordinances: (1) one single family dwelling unit on a parcel, secondary units required by State law, and housing occupied only by bona fide farm workers employed on the parcel or on a farm or ranch which includes the parcel. (2) rental of rooms to lodgers, including board, not exceeding four lodgers in a residence; (3) home occupations and offices, secondary to residential use and conducted primarily by residents of a parcel, that will not have deleterious effects on the environment or visual qualities; (4) agriculture (including but not limited to grazing, arboriculture, horticulture, and rearing, care and use of ruminants, pigs and poultry); provided however, vineyards, feed lots, dairy farms, pig farms, poultry ranches, Christmas tree farms and nurseries are permitted only if they are small and do not cause substantial environmental harm; (Dwelling units and residential accessory buildings are permitted under paragraph (1) but not under this or any other paragraph of this section.); (5) processing, packaging or storage of agricultural produce or plants, most of which over a calendar year were grown in the Doolan — Collier Canyons Area or in the Western Extended Planning Area, but not including canneries or freezing facilities; (6) small -scale rearing, care, training or use of animals not covered in paragraph (4), provided that the use does not cause substantial environmental harm; (7) low - intensity outdoor recreation and pastimes predominately for active participants, not spectators, and subordinate auxiliary uses (including campgrounds, picnicking facilities, provision of food and drink, and safety and sanitary services); these permissible uses do not include, among other uses, amusement or theme parks, golf courses, stadiums or arenas (except equestrian riding rings), motor vehicle tracks, courses or off -road facilities, or recreational vehicle parking for more than 7 days in a month. Uses permitted under this paragraph shall be compatible with a rural environment; (8) institutional and other non - profit uses that predominantly serve residents and permitted uses in the Doolan — Collier Canyons Area or the Western Extended Planning Area, and small facilities for convalescence and rehabilitation for not more than six patients each, that will not substantially impair the environment; (9) Government and public utility uses that are limited to meeting needs created by permitted uses in the Doolan — Collier Canyons Area if located there, and to meeting needs in the Western Extended Planning Area if there, except to the extent the City Council finds reasonably more extensive need that cannot practicably be met outside those areas. This exception shall not apply to wireless communication facilities, waste disposal, processing or treatment, and electrical power production or transmission unless primarily for consumption by the producer. Publicly provided outdoor recreation and pastimes and ancillary accommodations are permitted if like private uses would be allowed; (10) Occasional short -term events related to agriculture, animals or outdoor recreation that do not interfere substantially with agriculture or cause substantial environmental harm; (11) An arterial road for the purpose of connecting Dublin Boulevard and North Canyons Parkway. Ten years after the effective date of this ordinance, the City Council shall study commercial development along the extension of Dublin Boulevard to North Canyons Parkway up to 1,200 feet north of Interstate Highway 580. The Council should consider, among other matters, whether commercial development is needed to fund the construction or maintenance of the extension, and if water supply and wastewater service is assured for any development. The Council may put a measure on the ballot to authorize development in the designated area. Section 13. Areas of Special Environmental Concern In addition to the other provisions of this ordinance, the following restrictions apply: (a) Wetlands — Development or use is not permitted if it would reduce appreciably the quantity or biological quality of wetlands. "Wetlands" are areas permanently or periodically covered or saturated by water where hydrophytic vegetation is present under normal conditions or have soils that are primarily hydric in nature, or that are designated as wetlands by Federal or State law. (b) Stream Corridors — Development or use is not permitted if it would unpair appreciably the quantity or quality of water or of native vegetation in a stream corridor, except for otherwise permissible flood control, stock ponds, or preservation of special status species. Stream corridors are areas within 200 feet from the center of the bed of a permanent or intermittent stream. (c) Wildlife —No development or use is permitted that will reduce appreciably the number, or prevent the recovery in number, of one or more special status species. (d) Steep Slopes —No building, in whole or in part, may be located on a slope of 20% or more. No building may be located on a site that cumulatively has access for more than 50 feet over a slope of 20 % or more unless there is no other site on a parcel. Cultivated agriculture may not be conducted on a slope of 20% or more. No grading may take place on a slope of 20% or more unless necessary to maintain fire roads. Slope percentages are based on the steepness of slopes in their natural, unaltered state, and are calculated by dividing altitude increase by 20 over each 20 feet of surface. Section 14. Water, Wastewater Disposal No new habitable dwelling shall be permitted unless it has an assured, adequate, safe, sustainable water supply for all foreseeable uses, including in times of drought and for fire suppression and other emergencies, and proper access for emergency vehicles. Sewage and other wastewater disposal must be demonstrated that foreseeably will be safe, not pollute surface or subsurface water, or otherwise impair the environment. Section 15. Development Envelopes All buildings on a parcel must be located within a contiguous area, as compact as reasonably practicable, not to exceed two acres, except for buildings that the Council finds reasonably must be located outside this area for permitted agricultural use, security needs, the processing, packaging or storage of agricultural produce or plants, rearing, care, training or use of animals, or government or public utility use. Section 16. Maximum Floor Areas (a) The maximum aggregate floor area for all floors (regardless of composition, including soil) in all buildings on a parcel, except basement and cellar floors, may not exceed 1% of the parcel's area or 20,000 square feet, whichever is less; however, up to 10,000 square feet may be permitted for any parcel. (b) If otherwise appropriate under the provisions of this Plan, the City Council may increase the maximum floor area by up to 25,000 square feet, in aggregate, if proven necessary for buildings for permitted agriculture, care, training or use of horses, processing, packaging or storage of agricultural produce or plants, or outdoor recreation or pastimes (including permitted ancillary uses). (c) Residential and residential accessory buildings on a parcel may not have a maximum aggregate floor area of more than 8,000 square feet. Housing solely for farmworkers is not subject to this limitation. Section 17. Visual Safeguards (a) New or reconfigured parcels must be created or drawn to limit, as much as practicable, visibility of development from roads and other public places. Unless there is no other possible configuration, parcels may not be created that have no building site for each permissible building other than a ridgeline or hilltop. (b) Structures may not be located on ridgelines or hilltops, or where they will project into the view of a ridgeline or hilltop from public places, unless there is no less obtrusive site on the parcel or on a contiguous parcel in legal or de facto common ownership on or subsequent to the date this ordinance becomes effective. To the extent practicable and consistent with other provisions of this ordinance, structures shall be located, including by setbacks from parcel boundaries, on that part of a parcel which minimizes visibility from roads and other public places. (c) Development shall be subordinate to and blend harmoniously with the natural and open space qualities of the area where located, in order not to impair those qualities and to be as unobtrusive as possible. In all cases, appropriate landscaping, preservation of vegetation, screening, building materials, design, and limits on surface alterations shall be required by the City to reduce as much as practicable the visibility of development. The height of buildings shall not exceed 30 feet, except to the extent the Council finds reasonably that a greater height is necessary for buildings used for agriculture. Signs may not be more numerous, larger or more noticeable than is necessary to provide directions and information about permissible uses in the Doolan — Collier Canyons Area or Western Extended Planning Area, and for political campaigns. (d) Exterior lighting, including roadway lighting, shall be designed and placed, to the maximum extent practicable, to confine direct rays to the parcel or roadway where the lighting is located and to protect the darkness of the night sky. Section 18. Transferable Development Credits Program The City shall study and consider a Transferable Development Credits Program as a means of transferring permissible development from the Doolan — Collier Canyons Area and from the Western Extended Planning Area to locations elsewhere. Section 19. Applicability (a) Parcels, structures, uses, or surface alterations remain valid to the extent that they existed legally at the time the area where they are located is annexed to the City, except if their authorized time limit expires, they are eliminated voluntarily or abandoned, or a use would violate Section 13(a) through (c). Parcels, structures, surface alterations or uses may not be changed or expanded, however, to the extent that it would cause a violation of this ordinance or would increase or augment what would be a violation of this ordinance but for this subsection. 7 (b) This ordinance shall be applied to proposed parcels, structures, surface alterations and uses that have not received all required discretionary City authorizations and approvals prior to its effective date. (c) This ordinance applies to the City of Dublin and to its agencies, officials and properties, as well as to all other persons and entities. Section 20. Inconsistent City Plans, Ordinances and Actions (a) Except as provided in Section 26, application of any other provision of this General Plan is barred to the extent that it is in conflict with this Initiative, unless voters approved the other provision subsequent to this Initiative. (b) Any special or other City plan, ordinance, resolution or regulation may not be applied to the extent inconsistent with this Initiative. (c) To the degree inconsistent with this Initiative, no subdivision or parcel map, development plan or agreement, permit, variance or any other action may be approved, permitted or taken by the City or its officials (including approval or permission by operation of law because of inaction), or is legally valid. (d) Provisions of City plans, ordinances, resolutions and actions are not to be deemed in conflict with this Initiative to the extent that they impose prohibitions, restrictions, conditions, requirements or remedies beyond or in addition to those imposed by this Initiative. The voters by this Initiative have established only minimum prohibitions, restrictions, regulations, requirements, and remedies which the City may extend or augment without creating any inconsistency, provided it does not permit parcels, development, or use barred by this Initiative. Section 21. Implementation and Enforcement (a) This measure shall be interpreted liberally to further its purposes. (b) The Council and other City agencies and officials shall carry out and enforce the provisions of this measure diligently and effectually. They shall review uses and the location, amount, visibility, and environmental effects of all proposed development to ensure consistency with and implementation of the provisions and objectives of the measure. They shall use the most effective means at their disposal to prevent, remedy and abate violations. Violations are public nuisances and, as provided by statute, misdemeanors. (c) Residents and organizations with members in the City, as well as others with standing, may enforce this measure by judicial proceedings against any person, group, government or other entity in violation of the measure, or to prevent violations. (d) The City Council has authority to particularize and implement this measure by appropriate legislation and actions, in all cases in fill accord with the text and purposes of the measure. Section 22. Definitions For purposes of this ordinance, unless the text or context compels a different meaning: "Appreciably" means measurably or perceivably and "appreciable" means measurable or perceivable, but not minute; "Basements" and "cellars" are the lowest story or stories of buildings, but only if at least 80% of the story's cubic area is below both the adjacent land level and the natural grade; "Building" is any structure with a roof having a floor area of 120 square feet or more, except tanks; "City" is the City of Dublin; and "Council" is the City Council of Dublin; "City limits" means the Dublin city limits on January 1, 2014; "Development" is the construction, erection, placement or appreciable alteration of a building or structure, including mobile dwelling units; it also means surface alteration, including appreciable grading, surfacing, excavation, fill or mounding of land, or deposition of material; "Eastern Boundary of Collier Canyon" means the eastern boundaries of Assessor's Designated Parcels 905 -5 -7, 905- 5 -8 -1, 905- 5 -8 -2, 903 -1 -2, 903 -1 -6, 903- 1 -7 -2, 903- 1 -7 -1, 903 -1 -8, 905 -7- 10, 905 -7 -9, 905 -7 -8, 905 -7 -7 -2 and the eastern and southern boundary of Assessor's Designated Parcel 905- 7 -6 -1. "Floor Area" means the area of all floors, regardless of composition including soil, under roof in or connected to buildings, including but not limited to covered porches, decks, carports, and attic floors to the extent that the height of the ceiling is five feet or more above the floor; "Practicable" means can be done or put into effect; "Small vineyards, feed lots, dairy farms, pig farms, poultry ranches, Christmas tree farms or nurseries" are those that are commonly defined or considered as small in their respective lines of activity (the City Council can particularize these definitions in accordance with Section 21(d)); "Special status species" are plants and animals that are listed, proposed for listing, or candidates for listing as threatened or endangered under the Federal or State Endangered Species Acts, meet the definition of rare or endangered under the California Environmental Quality Act, are listed as rare under the California Native Plant Protection Act, or are protected under California Fish and Game Code Sections 3511, 4700, 5050, and 5515; "Structure" includes any building, greenhouse, tower, dam, tank, or anything constructed, erected or placed, the existence or use of which requires location on the ground or attachment to something located directly or indirectly on the ground. I] Section 23.'Amendments As provided by law, this Initiative may be repealed or amended only by the voters of Dublin. The Council may make or provide for technical or non - substantive modifications to its provisions; however, any modifications must be fully consistent with the text and purposes of this measure. Section 24. Effective Date This Initiative shall become effective as provided by statute, except if all the General Plan amendments permitted by law in the year in which the Initiative is approved have been made, the Initiative shall become effective at the beginning of January of the following year as the first amendment of that year. Section 25. Severability If one or more than one section, subsection, paragraph, sentence, clause or application of this measure is held invalid or inapplicable, that shall not cause any other part or application to be invalid or inapplicable unless the clear effect of holding that other part or application valid or applicable would be to defeat overall the objectives of the measure. Section 26. Conflicting Ballot Measures If there were other General Plan amendments on the same ballot as this Initiative which were approved by the voters, this Initiative shall be effective unless the other amendments received more votes and are a comprehensive regulatory scheme for the areas and subjects covered by this Initiative, or except to the extent that they are in actual, definite, irreconcilable conflict with this Initiative. Provisions in another measure purporting by themselves to nullify the provisions of this Initiative are ineffective. Section 27. Measure M Expiration The 30 -year limit on the effective period of Measure M (City Council Resolution No. 209 -00, adopted November 7, 2000) in Section 2 is repealed. Section 28. Further Deletions and Changes in the City of Dublin General Plan The following deletions and changes are made in the General Plan. Material deleted from the Plan is in strikeout type. Material added is underlined. (Material unchanged is omitted, even within paragraphs, unless deemed necessary to make sense of an amendment.) Chapter 1 BACKGROUND Page 1 -4, under 1.4.2 WESTERN EXTENDED PLANNING AREA, last paragraph continuing onto Page 1 -5. 10 "An Urban Limit Line was adopted by initiative on November 7, 2000 for a portion of the Western Extended Planning Area. The Urban Limit Line is coterminous with the City limit line as of the effective date of the Initiative. The 2000 initiative was subsequently amended by the Dublin Open Space Initiative of 2014. The 2014 initiative repealed the 30 ear expiration provision of the 2000 initiative and applied additional regulations on land uses outside the Urban Limit Line. Pursuant to the 2000 (initiative, lands west of the Urban Limit Line are required to be designated as Rural Residential /Agriculture on the General Plan Land Use Map (Figure 1 -1) €er -"erfe .... The location of the Urban Limit Line may only be changed by vote of the people of Dublin during the effective -perted, and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation." Page 1 -14, under B. OTHER LAND USE CATEGORIES. "Urban Limit Line. "An Urban Limit Line was adopted by initiative on November 7, 2000 for the Western Extended Planning Area.... Th °e— it e is ef€ective4 (30) yeafs -frem its e etive date; tThe location of the Urban Limit Line may be changed only by a vote of the people of Dublin duri ig4he e etive-peried, and only following review and approval of a General Plan Amendment by the City Council." Chapter 2 LAND USE AND CIRCULATION: LAND USE ELEME NT Page 2 -1, under 2.1 INTRODUCTION, last sentence. "With the exception of Schaefer Ranch, development in the Western Extended Planning Area is restricted until 2 0 pursuant to initiative Resolution 209 -00 adopted on November 7, 2000 and the Dublin Open Space Initiative of 2014." Page 2 -6, under 2.4 WESTERN EXTENDED PLANNING AREA "The Western Extended Planning Area is over 3,000 acres ... of which approximately 2,647 acres lie west of the Urban Limit Line and have been designated Rural Residential / Agriculture €er-"eried of 30 yews -from the effective date of City Council Resolution 209 -00, adopted by initiative on November 7, 2000." Page 2 -9, under 2.5.5 WESTERN EXTENDED PLANNING AREA "A. Guiding Policy La. "An Urban Limit Line was adopted by initiative on November 7, 2000 for the majority of the Western Extended Planning Area.... The Initiative is e cAive for thirty i30 years from its °f etive date; tThe location of the Urban Limit Line may be changed only by a vote of the people of Dublin during t e °feetivePeried, and only following review and approval of a General Plan Amendment by the City Council." 11 Chapter 3 LAND USE AND CIRCULATION: PARKS AND OPEN SPACE ELEMENT Page 3 -2, under 3.2.2 WESTERN EXTENDED PLANNING AREA "A. Guiding Policies "1. Inside the Urban Limit Line Odevelopment generally shall be confined to areas where slopes are under thirty percent, as part of an overall cluster development concept on approved development plans. Within projects proposing clustered development and ancillary facilities inside the Urban Limit Line in the Western Extended Planning Area, land alteration on slopes over thirty percent may be considered where the following conditions are present:..." 12 Ballot Title and Summary for Proposed Initiative Filed with the City Clerk of the City of Dublin on January 24, 2014 by David Bewley, Morgan King, and Stephanie Leonard Initiative Measure To Be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: DUBLIN OPEN SPACE INITIATIVE OF 2014 The initiative's stated purpose is to "protect the open spaces and agriculture of Doolan and Collier Canyons and the Dublin Western Extended Planning Area from harmful development." If approved, the Initiative would: • Add provisions to the Dublin General Plan that impose requirements in the following two specified areas: 1. "Donlan- Collier Canyons Area" defined to encompass the area enclosed by the Dublin eastern city limits, the Livermore city boundary, the eastern boundary of Collier Canyon, and the Alameda County — Contra Costa boundary to the extent that all or part of that area is annexed to Dublin. 2. "Western Extended Planning Area" as defined in the Dublin General Plan dated February 2013 to the extent that area is outside the urban limit line and all or part of the area is annexed to Dublin. • Within these areas, it would: • Provide that the minimum parcel size shall be 100 acres and require that parcels smaller than 100 acres and contiguous to another subsize parcel of common ownership be treated as a single parcel for development purposes. • Prohibit uses other than certain specified uses and the specified uses' normal and appropriate accessory uses and structures. The specified uses include the following: 1. One single family dwelling unit per parcel 2. Farmworker housing 3. Certain low intensity agricultural, governmental and public utility uses 4. Low - intensity outdoor recreation predominately for active participants (but not including golf courses and motor vehicle tracks, courses, and off -road facilities) 5. A roadway connecting Dublin Boulevard with North Canyons Parkway. • Prohibit development (subject to certain exceptions) where development would: 1. Reduce appreciably the quantity or biological quality of wetlands 2. Impair appreciably the quantity or quality of water or native vegetation in a stream corridor 3. Reduce appreciably the number or prevent the recovery of one or more special status wildlife species 4. Involve buildings or grading on a slope of more than 20 %. • Prohibit new habitable dwellings without an assured, adequate, safe, and sustainable water supply. • Require that all buildings on parcels be located within a contiguous, compact area, not exceeding two acres, except in limited circumstances. • Restrict the maximum aggregate floor area for all floors (excluding basement /cellar floors) to 1% of the parcel's area or 20,000 square feet, whichever is less. • Mandate visual safeguards for new /reconfigured parcels as well as for structures /improvements. Repeal the 30 -year limit on the effective period of Measure M, which established an urban limit line along the western city boundaries. 2227943.7 REGISTRAR OF VOTERS CERTIFICATE TO PETITION IN WITNESS WHEREOF, I have hereunto set any hand and affixed my official seal this 20th day of May, 2014. Tim Dupuis Registrar of Voters County of Alameda State of California RESOLUTION NO. XX - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF DUBLIN AN ORDINANCE TITLED THE "DUBLIN OPEN SPACE INITIATIVE" AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 4, 2014 AND PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS WHEREAS, on January 24, 2014, a voter initiative, titled the "Dublin Open Space Initiative," was filed with the Dublin City Clerk which, if approved, would adopt a new ordinance in the City of Dublin restricting development to the east and west of the current Dublin city limits; and WHEREAS, on February 7, 2014, a title and summary of the initiative was provided to the proponents; and WHEREAS, on April 16, 2014, proponents of the initiative filed with the City Clerk documents purporting to include signatures representing at least ten (10) percent of Dublin registered voters ( "the Petition "); and WHEREAS, the Petition, received April 16, 2014, was forwarded to the Alameda County Clerk for review; and WHEREAS, the County Registrar has provided a certificate concerning review of the Petition; and WHEREAS, Elections Code section 9114 requires the City Clerk, as the City Elections Official, to examine such petitions and determine the sufficiency thereof within 30 working days of filing of the petition; and WHEREAS, Elections Code section 9114 provides that if the City Clerk determines a petition to be sufficient, the Clerk shall certify the results of his or her examination to the City Council at its next regular meeting; and WHEREAS, Elections Code section 9215 requires that, upon certification by the City Clerk to the City Council, the City Council must take one of three actions prescribed under that section, namely: 1) adopt the ordinance, without alteration, at the meeting at which the petition is certified, or a regular meeting within 10 days of that meeting; 2) submit the ordinance to the voters pursuant to Elections Code section 1405, subdivision (b) at the next regular municipal election; or 3) order staff to submit a report concerning potential fiscal, general plan and zoning, land use, infrastructure, and other impacts of the initiative within 30 days of the meeting at which the petition is certified; and WHEREAS, in accordance with Elections Code section 9114 and other applicable law, the City Clerk certified the sufficiency of the Petition at the June 3, 2014 meeting of the Dublin City Council; and WHEREAS, November 4, 2014 is the date of the City's next regular municipal election; and WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY RESOLVE as follows: Section 1. That pursuant to the requirements of Section 9215(B) of the Elections Code of the State of California and other applicable law, there is called and ordered to be held in the City of Dublin, California, on Tuesday, November 4, 2014, an election for the purpose of submitting to voters a measure that would adopt an ordinance restricting development to the east and west of the current Dublin city limits. Section 2. The ballot language for the proposed ordinance shall be as follows: "Shall an ordinance be adopted that (a) east of the current city limits, imposes a 100 -acre minimum parcel size, prohibits uses of land other than agricultural uses, a single residential unit per parcel, and low- intensity outdoor recreation for active participants (excluding golf courses and amusement parks), and strictly limits development's massing and visibility and (b) extends existing restrictions on development to the west of the current city limits beyond their November 7, 2030 expiration ?" Section 3. The measure to be considered by the voters pursuant to Section 2 of this Resolution is as set forth in Exhibit A attached hereto. Section 4. (a) An election on the measure set forth in Section 2 shall be held in conjunction with the municipal election to be held in the City of Dublin on Tuesday, November 4, 2014. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and within the Elections Code. (c) The election for the measure set forth Section 2 shall be held in Alameda County in the City of Dublin on November 4, 2014, as required by law, and the Alameda County Election Department is authorized to canvas the returns of that election with respect to the votes cast in the City of Dublin. (d) At the next regular meeting of the City Council of the City of Dublin occurring after the returns of the election for the measure set forth in Section 2 have been canvassed and the certification of the results provided to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 5. (a) In accordance with Elections Code sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. (b) In accordance with Elections Code section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument In Favor Of Measure " or "Argument Against Measure " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code section 9283, printed arguments submitted to voters in accordance with section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. Arguments are due in the office of the City Clerk prior to 5:00 p.m., on Thursday, August 14, 2014. (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code section 9287, any council members authorized by the City Council to do so may sign the argument against the measure. (e) Alternatively, the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and /or interested parties and /or organizations to prepare a draft argument against the measure. Section 6. (a) Pursuant to Elections Code section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed 250 words and may be signed by more than five persons. However, only the first five persons to sign will be printed with the ballot measure. The persons that sign the rebuttal arguments may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Thursday, August 21, 2014. Section 7. In accordance with Elections Code section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the measure. Section 8. The City of Dublin recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 9. (a) The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Alameda County and the Alameda County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause a synopsis of the measure attached as Exhibit A to be published once in a newspaper of general circulation in accordance with California Elections Code section 12111 and California Government Code section 6061. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in the time, form, and manner required by law. (b) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. PASSED, APPROVED AND ADOPTED this 3rd day of June 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor DUBLIN OPEN SPACE INITIATIVE OF 2014 The People of the City of Dublin do ordain as follows: Section 1. Purpose This Initiative is to protect the open spaces and agriculture of Doolan and Collier Canyons and the Dublin Western Extended Planning Area from harmful development. The Initiative will: • maintain and encourage agriculture; • preserve the natural qualities, wildlife, beauty and tranquility of open lands bordering Dublin; • provide for outdoor recreation; • prevent urban sprawl by completing an urban limit line for Dublin; • reduce traffic congestion; • limit air pollution and protect public health; • avoid costly government expenditures for extension of facilities and services to scattered development; and • in general safeguard the character of Dublin and the quality of life in the City. Section 2. Findings The people of Dublin do find and declare: (a) Protection of Agriculture and the Natural Environment: The areas protected by this Initiative, Doolan and Collier Canyons and the Dublin Western Extended Planning Area beyond the Urban Limit Line, are undeveloped rural lands adjacent to Dublin. Historically, these lands have been used for agriculture and outdoor recreation. They include rolling, untrammeled hills, stream corridors and scenic views. They provide critical habitat for rare and endangered species. They are a peaceful, beautiful contrast to the extensive urban development in the Dublin area. (b) Dublin Development: There has been a large amount of development in Dublin and its environs. Dublin has been one of the fastest growing cities in California. Its population has more than tripled to almost 50,000, since incorporation in 1982. As a consequence, many of the desirable natural, open space, and historic qualities of the area have been lost; much of what remains is in jeopardy. Further large developments have been proposed for areas protected by this Initiative. (c) Development Costs: Extensive development in the Doolan — Collier Canyons Area and the Western Extended Planning Area would be harmful. It would destroy and impair agriculture, riparian corridors, and scenic vistas. Critical habitat for wildlife would be lost irremediably. Auto - dependent development would make traffic congestion worse. It would exacerbate air pollution, which now frequently violates Federal and State health standards. Sprawling developments would be costly for Dublin taxpayers, to extend public facilities and services to relatively distant areas not now served. (d) Development Controls: Dublin residents voted to protect nature and open space in the West Dublin hills in 2000 by enacting Measure M, which established an urban limit line along the western city limits. This Initiative materially strengthens the protections in Measure M. On the east side of Dublin, the Alameda County East County Area Plan, as amended by Measure D in 2000, now controls development. It imposes a 100 -acre minimum parcel size, bars most non- agricultural uses, and applies strict limits to the mass and visibility of development. The County Plan would no longer safeguard areas, however, if they were annexed to Dublin. This Initiative is designed to cover that contingency. Dublin now has no protective provisions for Doolan and Collier Canyons. (e) Housing: A large amount of land is available within the urban limit lines established by Measure M and by this Initiative to meet the City's housing needs and obligations. Many housing units have recently been completed in the City (6,700), are under construction (550), are approved for construction (1,300), or are under review for future construction (2,300 units). Dublin is providing its fair share of housing. (f) Burden of Proof: For purposes of California Evidence Code Section 669.5(c)(3), this Initiative is designed to protect agricultural use as defined in Government Code Section 51201(b), and open space land as defined in Government Code Section 65560(b). (g) Federal and State Law: This Initiative is subject to Federal and State law. Because that law is not always clear and changes, the Initiative provides explicitly that it does not apply, notwithstanding its literal terms, to the extent that its application would be inconsistent with Federal or State law. This inapplicability is designed to prevent the Initiative from being in conflict with law, or subjecting the City to any liability. Section 3. Name of Initiative This initiative is the Dublin Open Space Initiative of 2014. It is referred to in the text interchangeably as the "Initiative," "measure," or "ordinance." Section 4. Amendment of Dublin General Plan Sections 5 through 22 of this ordinance are added to the Dublin General Plan. They shall be placed in the Plan by City officials as deemed appropriate. These sections shall be distinctly identified in the Plan as enacted by initiative. Section 5. Areas Covered by the Initiative This Initiative applies to: 2 (a) the area enclosed by the Dublin Eastern Urban Limit Line delineated in Section 8, Interstate Highway 580, the Livermore city boundary, the eastern boundary of Collier Canyon, and the Alameda County — Contra Costa County boundary to the extent that all or part of that area is annexed to Dublin. In this measure the area is referred to as the Doolan — Collier Canyons Area. (b) the Dublin Western Extended Planning Area as defined in the Dublin General Plan dated February 2013 to the extent that area is outside the urban limit line and all or part of the area is annexed to Dublin. In this measure the area is referred to as the Western Extended Planning Area. Section 6. Compliance with Law, Protection of Legal Rights - Notwithstanding their literal terms, the provisions of this ordinance do not apply to the extent that courts determine that their application would deprive a person of rights or privileges under the United States or State constitutions or laws or otherwise would be contrary to a constitution or law. These explicit limitations on applicability of the provisions are to make certain that they do not infringe any person's legal rights or privileges or violate the law in any respect, or subject the City to any legal liability. Section 7. State Housing Requirements Nothing in this ordinance, including in this section, shall be applied to prevent City compliance with City housing obligations mandated by State law. To the maximum extent practicable the City shall meet State requirements outside the Doolan — Collier Canyons and Western Extended Planning Areas. If State required housing is located in those areas, no more land shall be used than is necessary to meet State requirements. Minimum parcel size, residential dwelling limits and maximum development envelopes and floor areas in this ordinance shall not apply to the required housing in order to minimize land used. Section 8. Dublin Eastern Urban Limit Line The Dublin Eastern Urban Limit Line shall be the Dublin eastern city limits on January 1, 2014, from the Alameda County — Contra Costa County boundary to Interstate Highway 580. Section 9. Minimum Parcel Sizes The minimum parcel size shall be at least 100 acres. Section 10, Subsize Parcels If a parcel smaller than 100 acres (hereafter, a "subsize" parcel) is contiguous to another subsize parcel, which is legally or de facto in common ownership at the time this ordinance becomes effective or any time thereafter, the parcels shall be treated as a single parcel for purposes of development under this ordinance. If a subsize parcel is connected to another subsize parcel or parcels by an intervening subsize parcel or parcels, then all of the subsize parcels which are in legal or de facto common ownership at the time this ordinance becomes effective or any time thereafter shall be treated as one parcel for purposes of development. In none of the foregoing cases are any of the subsize parcels legally merged. Section 11. Certificates of Compliance The City shall not grant unconditional or conditional certificates of compliance except as mandated by State law. All relevant permissible restrictive conditions shall be imposed on these certificates; the owner or subsequent transferees shall be held to strict compliance with these conditions. A certificate of compliance creates no right to develop, nor diminishes in any respect the City's authority to control development. Section 12. Permissible Uses The following uses only, and their normal and appropriate accessory uses and structures, may be permitted, provided that these uses and structures comply with all of the provisions of this Plan and City ordinances: (1) one single family dwelling unit on a parcel, secondary units required by State law, and housing occupied only by bona fide farm workers employed on the parcel or on a farm or ranch which includes the parcel. (2) rental of rooms to lodgers, including board, not exceeding four lodgers in a residence; (3) home occupations and offices, secondary to residential use and conducted primarily by residents of a parcel, that will not have deleterious effects on the environment or visual qualities; (4) agriculture (including but not limited to grazing, arboriculture, horticulture, and rearing, care and use of ruminants, pigs and poultry); provided however, vineyards, feed lots, dairy farms, pig farms, poultry ranches, Christmas tree farms and nurseries are permitted only if they are small and do not cause substantial environmental harm; (Dwelling units and residential accessory buildings are permitted under paragraph (1) but not under this or any other paragraph of this section.); (5) processing, packaging or storage of agricultural produce or plants, most of which over a calendar year were grown in the Doolan — Collier Canyons Area or in the Western Extended Planning Area, but not including canneries or freezing facilities; (6) small -scale rearing, care, training or use of animals not covered in paragraph (4), provided that the use does not cause substantial environmental harm; (7) low - intensity outdoor recreation and pastimes predominately for active participants, not spectators, and subordinate auxiliary uses (including campgrounds, picnicking facilities, provision of food and drink, and safety and sanitary services); these permissible uses do not include, among other uses, amusement or theme parks, golf courses, stadiums or arenas (except equestrian riding rings), motor vehicle tracks, courses or off -road facilities, or recreational vehicle parking for more than 7 days in a month. Uses permitted under this paragraph shall be compatible with a rural environment; (8) institutional and other non - profit uses that predominantly serve residents and permitted uses in the Doolan — Collier Canyons Area or the Western Extended Planning Area, and small facilities for convalescence and rehabilitation for not more than six patients each, that will not substantially impair the environment; (9) Government and public utility uses that are limited to meeting needs created by permitted uses in the Doolan — Collier Canyons Area if located there, and to meeting needs in the Western Extended Planning Area if there, except to the extent the City Council finds reasonably more extensive need that cannot practicably be met outside those areas. This exception shall not apply to wireless communication facilities, waste disposal, processing or treatment, and electrical power production or transmission unless primarily for consumption by the producer. Publicly provided outdoor recreation and pastimes and ancillary accommodations are permitted if like private uses would be allowed; (10) Occasional short -term events related to agriculture, animals or outdoor recreation that do not interfere substantially with agriculture or cause substantial environmental harm; (11) An arterial road for the purpose of connecting Dublin Boulevard and North Canyons Parkway. Ten years after the effective date of this ordinance, the City Council shall study commercial development along the extension of Dublin Boulevard to North Canyons Parkway up to 1,200 feet north of Interstate Highway 580. The Council should consider, among other matters, whether commercial development is needed to fund the construction or maintenance of the extension, and if water supply and wastewater service is assured for any development. The Council may put a measure on the ballot to authorize development in the designated area. Section 13. Areas of Special Environmental Concern In addition to the other provisions of this ordinance, the following restrictions apply: (a) Wetlands — Development or use is not permitted if it would reduce appreciably the quantity or biological quality of wetlands. "Wetlands" are areas permanently or periodically covered or saturated by water where hydrophytic vegetation is present under normal conditions or have soils that are primarily hydric in nature, or that are designated as wetlands by Federal or State law. (b) Stream Corridors — Development or use is not permitted if it would unpair appreciably the quantity or quality of water or of native vegetation in a stream corridor, except for otherwise permissible flood control, stock ponds, or preservation of special status species. Stream corridors are areas within 200 feet from the center of the bed of a permanent or intermittent stream. (c) Wildlife —No development or use is permitted that will reduce appreciably the number, or prevent the recovery in number, of one or more special status species. (d) Steep Slopes —No building, in whole or in part, may be located on a slope of 20% or more. No building may be located on a site that cumulatively has access for more than 50 feet over a slope of 20 % or more unless there is no other site on a parcel. Cultivated agriculture may not be conducted on a slope of 20% or more. No grading may take place on a slope of 20% or more unless necessary to maintain fire roads. Slope percentages are based on the steepness of slopes in their natural, unaltered state, and are calculated by dividing altitude increase by 20 over each 20 feet of surface. Section 14. Water, Wastewater Disposal No new habitable dwelling shall be permitted unless it has an assured, adequate, safe, sustainable water supply for all foreseeable uses, including in times of drought and for fire suppression and other emergencies, and proper access for emergency vehicles. Sewage and other wastewater disposal must be demonstrated that foreseeably will be safe, not pollute surface or subsurface water, or otherwise impair the environment. Section 15. Development Envelopes All buildings on a parcel must be located within a contiguous area, as compact as reasonably practicable, not to exceed two acres, except for buildings that the Council finds reasonably must be located outside this area for permitted agricultural use, security needs, the processing, packaging or storage of agricultural produce or plants, rearing, care, training or use of animals, or government or public utility use. Section 16. Maximum Floor Areas (a) The maximum aggregate floor area for all floors (regardless of composition, including soil) in all buildings on a parcel, except basement and cellar floors, may not exceed 1% of the parcel's area or 20,000 square feet, whichever is less; however, up to 10,000 square feet may be permitted for any parcel. (b) If otherwise appropriate under the provisions of this Plan, the City Council may increase the maximum floor area by up to 25,000 square feet, in aggregate, if proven necessary for buildings for permitted agriculture, care, training or use of horses, processing, packaging or storage of agricultural produce or plants, or outdoor recreation or pastimes (including permitted ancillary uses). (c) Residential and residential accessory buildings on a parcel may not have a maximum aggregate floor area of more than 8,000 square feet. Housing solely for farmworkers is not subject to this limitation. Section 17. Visual Safeguards (a) New or reconfigured parcels must be created or drawn to limit, as much as practicable, visibility of development from roads and other public places. Unless there is no other possible configuration, parcels may not be created that have no building site for each permissible building other than a ridgeline or hilltop. (b) Structures may not be located on ridgelines or hilltops, or where they will project into the view of a ridgeline or hilltop from public places, unless there is no less obtrusive site on the parcel or on a contiguous parcel in legal or de facto common ownership on or subsequent to the date this ordinance becomes effective. To the extent practicable and consistent with other provisions of this ordinance, structures shall be located, including by setbacks from parcel boundaries, on that part of a parcel which minimizes visibility from roads and other public places. (c) Development shall be subordinate to and blend harmoniously with the natural and open space qualities of the area where located, in order not to impair those qualities and to be as unobtrusive as possible. In all cases, appropriate landscaping, preservation of vegetation, screening, building materials, design, and limits on surface alterations shall be required by the City to reduce as much as practicable the visibility of development. The height of buildings shall not exceed 30 feet, except to the extent the Council finds reasonably that a greater height is necessary for buildings used for agriculture. Signs may not be more numerous, larger or more noticeable than is necessary to provide directions and information about permissible uses in the Doolan — Collier Canyons Area or Western Extended Planning Area, and for political campaigns. (d) Exterior lighting, including roadway lighting, shall be designed and placed, to the maximum extent practicable, to confine direct rays to the parcel or roadway where the lighting is located and to protect the darkness of the night sky. Section 18. Transferable Development Credits Program The City shall study and consider a Transferable Development Credits Program as a means of transferring permissible development from the Doolan — Collier Canyons Area and from the Western Extended Planning Area to locations elsewhere. Section 19. Applicability (a) Parcels, structures, uses, or surface alterations remain valid to the extent that they existed legally at the time the area where they are located is annexed to the City, except if their authorized time limit expires, they are eliminated voluntarily or abandoned, or a use would violate Section 13(a) through (c). Parcels, structures, surface alterations or uses may not be changed or expanded, however, to the extent that it would cause a violation of this ordinance or would increase or augment what would be a violation of this ordinance but for this subsection. 7 (b) This ordinance shall be applied to proposed parcels, structures, surface alterations and uses that have not received all required discretionary City authorizations and approvals prior to its effective date. (c) This ordinance applies to the City of Dublin and to its agencies, officials and properties, as well as to all other persons and entities. Section 20. Inconsistent City Plans, Ordinances and Actions (a) Except as provided in Section 26, application of any other provision of this General Plan is barred to the extent that it is in conflict with this Initiative, unless voters approved the other provision subsequent to this Initiative. (b) Any special or other City plan, ordinance, resolution or regulation may not be applied to the extent inconsistent with this Initiative. (c) To the degree inconsistent with this Initiative, no subdivision or parcel map, development plan or agreement, permit, variance or any other action may be approved, permitted or taken by the City or its officials (including approval or permission by operation of law because of inaction), or is legally valid. (d) Provisions of City plans, ordinances, resolutions and actions are not to be deemed in conflict with this Initiative to the extent that they impose prohibitions, restrictions, conditions, requirements or remedies beyond or in addition to those imposed by this Initiative. The voters by this Initiative have established only minimum prohibitions, restrictions, regulations, requirements, and remedies which the City may extend or augment without creating any inconsistency, provided it does not permit parcels, development, or use barred by this Initiative. Section 21. Implementation and Enforcement (a) This measure shall be interpreted liberally to further its purposes. (b) The Council and other City agencies and officials shall carry out and enforce the provisions of this measure diligently and effectually. They shall review uses and the location, amount, visibility, and environmental effects of all proposed development to ensure consistency with and implementation of the provisions and objectives of the measure. They shall use the most effective means at their disposal to prevent, remedy and abate violations. Violations are public nuisances and, as provided by statute, misdemeanors. (c) Residents and organizations with members in the City, as well as others with standing, may enforce this measure by judicial proceedings against any person, group, government or other entity in violation of the measure, or to prevent violations. (d) The City Council has authority to particularize and implement this measure by appropriate legislation and actions, in all cases in fill accord with the text and purposes of the measure. Section 22. Definitions For purposes of this ordinance, unless the text or context compels a different meaning: "Appreciably" means measurably or perceivably and "appreciable" means measurable or perceivable, but not minute; "Basements" and "cellars" are the lowest story or stories of buildings, but only if at least 80% of the story's cubic area is below both the adjacent land level and the natural grade; "Building" is any structure with a roof having a floor area of 120 square feet or more, except tanks; "City" is the City of Dublin; and "Council" is the City Council of Dublin; "City limits" means the Dublin city limits on January 1, 2014; "Development" is the construction, erection, placement or appreciable alteration of a building or structure, including mobile dwelling units; it also means surface alteration, including appreciable grading, surfacing, excavation, fill or mounding of land, or deposition of material; "Eastern Boundary of Collier Canyon" means the eastern boundaries of Assessor's Designated Parcels 905 -5 -7, 905- 5 -8 -1, 905- 5 -8 -2, 903 -1 -2, 903 -1 -6, 903- 1 -7 -2, 903- 1 -7 -1, 903 -1 -8, 905 -7- 10, 905 -7 -9, 905 -7 -8, 905 -7 -7 -2 and the eastern and southern boundary of Assessor's Designated Parcel 905- 7 -6 -1. "Floor Area" means the area of all floors, regardless of composition including soil, under roof in or connected to buildings, including but not limited to covered porches, decks, carports, and attic floors to the extent that the height of the ceiling is five feet or more above the floor; "Practicable" means can be done or put into effect; "Small vineyards, feed lots, dairy farms, pig farms, poultry ranches, Christmas tree farms or nurseries" are those that are commonly defined or considered as small in their respective lines of activity (the City Council can particularize these definitions in accordance with Section 21(d)); "Special status species" are plants and animals that are listed, proposed for listing, or candidates for listing as threatened or endangered under the Federal or State Endangered Species Acts, meet the definition of rare or endangered under the California Environmental Quality Act, are listed as rare under the California Native Plant Protection Act, or are protected under California Fish and Game Code Sections 3511, 4700, 5050, and 5515; "Structure" includes any building, greenhouse, tower, dam, tank, or anything constructed, erected or placed, the existence or use of which requires location on the ground or attachment to something located directly or indirectly on the ground. I] Section 23.'Amendments As provided by law, this Initiative may be repealed or amended only by the voters of Dublin. The Council may make or provide for technical or non - substantive modifications to its provisions; however, any modifications must be fully consistent with the text and purposes of this measure. Section 24. Effective Date This Initiative shall become effective as provided by statute, except if all the General Plan amendments permitted by law in the year in which the Initiative is approved have been made, the Initiative shall become effective at the beginning of January of the following year as the first amendment of that year. Section 25. Severability If one or more than one section, subsection, paragraph, sentence, clause or application of this measure is held invalid or inapplicable, that shall not cause any other part or application to be invalid or inapplicable unless the clear effect of holding that other part or application valid or applicable would be to defeat overall the objectives of the measure. Section 26. Conflicting Ballot Measures If there were other General Plan amendments on the same ballot as this Initiative which were approved by the voters, this Initiative shall be effective unless the other amendments received more votes and are a comprehensive regulatory scheme for the areas and subjects covered by this Initiative, or except to the extent that they are in actual, definite, irreconcilable conflict with this Initiative. Provisions in another measure purporting by themselves to nullify the provisions of this Initiative are ineffective. Section 27. Measure M Expiration The 30 -year limit on the effective period of Measure M (City Council Resolution No. 209 -00, adopted November 7, 2000) in Section 2 is repealed. Section 28. Further Deletions and Changes in the City of Dublin General Plan The following deletions and changes are made in the General Plan. Material deleted from the Plan is in strikeout type. Material added is underlined. (Material unchanged is omitted, even within paragraphs, unless deemed necessary to make sense of an amendment.) Chapter 1 BACKGROUND Page 1 -4, under 1.4.2 WESTERN EXTENDED PLANNING AREA, last paragraph continuing onto Page 1 -5. 10 "An Urban Limit Line was adopted by initiative on November 7, 2000 for a portion of the Western Extended Planning Area. The Urban Limit Line is coterminous with the City limit line as of the effective date of the Initiative. The 2000 initiative was subsequently amended by the Dublin Open Space Initiative of 2014. The 2014 initiative repealed the 30 ear expiration provision of the 2000 initiative and applied additional regulations on land uses outside the Urban Limit Line. Pursuant to the 2000 (initiative, lands west of the Urban Limit Line are required to be designated as Rural Residential /Agriculture on the General Plan Land Use Map (Figure 1 -1) €er -"erfe .... The location of the Urban Limit Line may only be changed by vote of the people of Dublin during the effective -perted, and only following review and approval of a General Plan Amendment by the City Council. Any request to change the Urban Limit Line must be accompanied by a request to amend the land use designation to an urban designation." Page 1 -14, under B. OTHER LAND USE CATEGORIES. "Urban Limit Line. "An Urban Limit Line was adopted by initiative on November 7, 2000 for the Western Extended Planning Area.... Th °e— it e is ef€ective4 (30) yeafs -frem its e etive date; tThe location of the Urban Limit Line may be changed only by a vote of the people of Dublin duri ig4he e etive-peried, and only following review and approval of a General Plan Amendment by the City Council." Chapter 2 LAND USE AND CIRCULATION: LAND USE ELEME NT Page 2 -1, under 2.1 INTRODUCTION, last sentence. "With the exception of Schaefer Ranch, development in the Western Extended Planning Area is restricted until 2 0 pursuant to initiative Resolution 209 -00 adopted on November 7, 2000 and the Dublin Open Space Initiative of 2014." Page 2 -6, under 2.4 WESTERN EXTENDED PLANNING AREA "The Western Extended Planning Area is over 3,000 acres ... of which approximately 2,647 acres lie west of the Urban Limit Line and have been designated Rural Residential / Agriculture €er-"eried of 30 yews -from the effective date of City Council Resolution 209 -00, adopted by initiative on November 7, 2000." Page 2 -9, under 2.5.5 WESTERN EXTENDED PLANNING AREA "A. Guiding Policy La. "An Urban Limit Line was adopted by initiative on November 7, 2000 for the majority of the Western Extended Planning Area.... The Initiative is e cAive for thirty i30 years from its °f etive date; tThe location of the Urban Limit Line may be changed only by a vote of the people of Dublin during t e °feetivePeried, and only following review and approval of a General Plan Amendment by the City Council." 11 Chapter 3 LAND USE AND CIRCULATION: PARKS AND OPEN SPACE ELEMENT Page 3 -2, under 3.2.2 WESTERN EXTENDED PLANNING AREA "A. Guiding Policies "1. Inside the Urban Limit Line Odevelopment generally shall be confined to areas where slopes are under thirty percent, as part of an overall cluster development concept on approved development plans. Within projects proposing clustered development and ancillary facilities inside the Urban Limit Line in the Western Extended Planning Area, land alteration on slopes over thirty percent may be considered where the following conditions are present:..." 12